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White Collar
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October 01, 2024
NYC Mayor Elevates Attorneys Amid Corruption Charges
New York City Mayor Eric Adams nominated a longtime public servant as his next corporation counsel and promoted a former WilmerHale attorney to City Hall chief counsel as the embattled Democrat faces federal corruption charges.
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October 01, 2024
When The Client Is The Mayor, The Usual Rules Don't Apply
Representing a public official, whether the mayor of New York City, a state legislator or a city council member, poses unique challenges for even the most experienced lawyers, who often find themselves torn between fighting battles in the press and protecting their client in court.
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October 01, 2024
Adams Says Feds Sought To 'Tarnish' Him With Leaks
New York City Mayor Eric Adams asked a Manhattan federal judge Tuesday to sanction Southern District prosecutors for allegedly leaking the details of a criminal investigation for nearly a year leading up to his corruption indictment, saying negative press has hurt his standing with the public and undermined his right to a fair trial.
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September 30, 2024
Siemens Will Pay $104M For Stealing GE, Mitsubishi Secrets
Siemens Energy on Monday pled guilty to wire fraud and agreed to pay $104 million to put to rest federal prosecutors' case accusing the company of misappropriating the confidential information of General Electric and Mitsubishi, a plea deal that comes after multiple former Siemens executives pled guilty in related cases.
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September 30, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
The year's spookiest month is looking scary-good for appellate aficionados, as famed oral advocates joust in October over net neutrality and Uber's extraordinary bid to unravel multidistrict litigation — just two of the high-profile arguments previewed in this edition of Wheeling & Appealing. October also begins with former President Jimmy Carter turning 100, and we'll test your knowledge of his profound impact on the judiciary.
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September 30, 2024
TD Securities To Pay $28M In Treasuries Spoofing Settlements
Brokerage firm TD Securities has agreed to pay nearly $28 million to avoid prosecution and end regulatory investigations into its role in a spoofing scandal that will soon see the former head of its U.S. Treasuries trading desk brought before a jury, government officials announced Monday.
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September 30, 2024
Judge Blasts Scamming Exec's 'Pathetic' Bid To Cut Sentence
A Colorado federal judge waved away what he saw as a convicted data executive's efforts to absolve himself of responsibility during a sentencing hearing Monday, calling it "pathetic nonsense" as he sentenced him to 10 years in prison for his role in selling consumer data to scammers who preyed on the elderly and vulnerable.
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September 30, 2024
Plane Parts Exec Loses Appeal In Honeywell Fraud Case
The Second Circuit refused Monday to free the president of an airplane parts supplier from a seven-year prison sentence over a $15 million fraud on Honeywell International Inc., rejecting his protest over evidence admitted for consciousness of guilt.
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September 30, 2024
Sean Combs To Appeal Bail Denial, Bolsters Legal Team
Sean "Diddy" Combs is appealing a Manhattan federal judge's decision to deny him bail in a criminal case accusing the hip-hop mogul of sex trafficking and has bolstered his legal team, according to filings Monday in the U.S. District Court for the Southern District of New York.
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September 30, 2024
DC Judge Won't Allow Single Trial In Admiral's Bribery Case
A D.C. federal judge Monday denied the government's motion to reconsider a decision severing a retired Navy admiral's bribery trial from that of the defense contractors he is accused of steering federal contracts toward, reiterating a previous ruling that the court can split the case if consolidation appears to prejudice the parties.
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September 30, 2024
Ex-Fla. State Sen. Convicted Of Setting Up 'Ghost Candidate'
A Miami jury found former Florida state Sen. Frank Artiles guilty on Monday of campaign contribution violations related to a scheme to prop up a "ghost candidate" to swing a state Senate election to a Republican candidate.
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September 30, 2024
Guo Ch. 11 Trustee Seeks To Sell Conn. Mansion For $6.9M
The Chapter 11 trustee overseeing the estate of Chinese exile Miles Guo, also known as Ho Wan Kwok, asked a bankruptcy judge's permission Monday to sell a Connecticut mansion tied to the convicted fraudster for $6.9 million to benefit the estate, according to paperwork filed Monday.
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September 30, 2024
SEC Says Accountant Aided Tingo Group's Fintech Fraud
The U.S. Securities and Exchange Commission on Monday sued a Nigerian accounting firm for allegedly helping the operator of the Tingo fintech businesses conceal fake audit reports that inflated the value of the firms to further the "massive" fintech fraud.
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September 30, 2024
Biz Owner Gets 18 Months For Tax Fraud On $2.8M In Income
The owner of a metal fabrication company who admitted to neglecting to report nearly $3 million in business income to the Internal Revenue Service was sentenced to 18 months in prison, according to Connecticut federal prosecutors.
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September 30, 2024
Fla. Judge Tosses NextEra Stock Drop Suit
A Florida federal judge on Friday dismissed a proposed class action against NextEra that sought to hold the energy company liable for a drop in its share price after political interference allegations emerged against its subsidiary Florida Power and Light Co.
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September 30, 2024
AT&T Exec Seeks Bribery Acquittal After Mistrial
Former AT&T Illinois President Paul La Schiazza asked a federal judge Friday to acquit him outright on charges that he illegally influenced ex-Illinois House Speaker Michael Madigan to support legislation that would have benefited the telecommunications giant, days after a jury deadlocked and a mistrial was declared in his bribery case.
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September 30, 2024
Insurer Says Miami Can't Toss Retaliation Coverage Dispute
An insurer for the city of Miami sought to maintain its action seeking reimbursement of $5 million for expenses incurred in defending the city and one of its commissioners against underlying lawsuits alleging political retaliation, arguing that it didn't "commingle" claims regarding its potential defense and indemnification obligations.
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September 30, 2024
DC Circ. Urged To Revisit Retroactive FARA Registration
The U.S. Department of Justice is pressing the D.C. Circuit to reconsider a ruling that barred the federal government from suing to compel former foreign agents to register their onetime foreign influence efforts, arguing that the precedent behind the ruling wrongly hamstrings the DOJ's ability to enforce the Foreign Agents Registration Act.
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September 30, 2024
SEC Fines LA Man In Truth Social-Linked Insider Trading Case
The U.S. Securities and Exchange Commission announced that Los Angeles-based entrepreneur Eric Hannelius will pay over $365,000 to settle allegations that he traded on inside information ahead of a blank check company's acquisition of the owner of social media platform Truth Social.
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September 30, 2024
Physician Assistant Seeks Lenient Term In $10M Fraud Case
A North Carolina physician assistant is looking to spend just one year behind bars after a federal jury in Charlotte found him guilty of rubber-stamping bogus prescriptions for genetic testing, marking a far cry from prosecutors' requested nine-year prison sentence.
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September 30, 2024
'Really Poor Lawyering': Benchslap, No Mistrial In YSL Case
The lead prosecutor in the trial of Atlanta rapper Young Thug received an unrelenting dressing-down Monday from the case's latest presiding judge, who slammed the state's "really poor lawyering" that she said she could attribute only to incompetence or deliberate misconduct.
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September 30, 2024
Pastor To Pay $539K For Bible-Themed Amusement Park Fraud
A Virginia pastor has been ordered to pay nearly $550,000 in restitution after he was convicted on charges of defrauding investors with trumped-up promises of building a Bible-themed amusement park called Miracle Mansion.
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September 30, 2024
NY Man Must Face Brownstone Deed Theft Charges
A New York state court on Monday denied a Long Island man's bid to escape charges accusing him of using forgery and shell companies to steal two brownstone buildings in Harlem that are worth millions of dollars, disagreeing with the man's argument that the case was too stale to prosecute.
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September 30, 2024
Ex-Jersey Shore Mayor Admits To Benefits Theft, Tax Crimes
The former mayor of Wildwood, New Jersey, has admitted to unlawfully obtaining state health benefits, failing to disclose his outside employment and neglecting to report income from that job on state tax returns, New Jersey Attorney General Matthew J. Platkin and the Office of Public Integrity and Accountability announced Monday.
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September 30, 2024
Feds Seek Prison In Tax Case Linked To 'China Initiative'
Prosecutors have asked a Texas federal judge for an 18- to 24-month prison sentence for a Chinese-born engineer who pled guilty to tax crimes after being charged with export violations and fraud in a case the defense claims began as an espionage investigation under the U.S. Department of Justice's now-disbanded "China Initiative."
Expert Analysis
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When Trauma Colors Testimony: How To Help Witnesses
As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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Pros, Cons Of Disclosing Improper Employee Retention Credit
Employers considering the Internal Revenue Service’s second voluntary disclosure program, which allows companies to avoid penalties for erroneously claiming employee retention credits for the 2021 tax year by repaying the credits and naming the tax advisers who encouraged these abusive practices, should carefully weigh the program’s benefits against its potential drawbacks, say attorneys at Winston & Strawn.
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Until Congress Acts, EDNY 'Insider Betting' Case Is Premature
The Eastern District of New York’s novel wire fraud conspiracy indictment in U.S. v. Pham may have prematurely heralded a new era in federal gambling enforcement, but in the absence of an “insider betting” statute, sportsbooks — not prosecutors — should be responsible for enforcing their terms of use, says attorney Jonathan Savella.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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When The Supreme Court Gives You Lemons, Make Lemonade
Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.
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Philly Project Case Renews Ongoing Fraud Theory Tug-Of-War
In its upcoming term, the U.S. Supreme Court will hear Kousisis v. U.S., a case involving wire fraud convictions related to Philadelphia bridge repair projects, and may once again further rein in prosecutorial attempts to expand theories of fraud beyond core traditional property rights, say Jonathan Halpern and Kyra Rosenzweig at Holland & Knight.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Playing The Odds: Tackling Athlete Gambling Investigations
The rapid rise of sports gambling presents new and unique challenges, so it's important for attorneys to be able to navigate a dynamic web of complex, high-stakes relationships between athletes, the betting public, athletic organizations, sportsbooks and law enforcement — all while under intense public scrutiny, say attorneys at Steptoe.
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Carbon Offset Case A Win For CFTC Enviro Fraud Task Force
An Illinois federal court's decision in Commodity Futures Trading Commission v. Ikkurty — earning the CFTC a sizeable monetary award that will likely incentivize similar enforcement pursuit — shows the impact of the commission's Environmental Fraud Task Force, say attorneys at Steptoe.
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Whistleblowers Must Note 5 Key Differences Of DOJ Program
The U.S. Department of Justice’s recently unveiled whistleblower awards program diverges in key ways from similar programs at other agencies, and individuals must weigh these differences and look first to programs with stronger, proven protections before blowing the whistle, say Stephen Kohn and Geoff Schweller at Kohn Kohn.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Open Questions 3 Years After 2nd Circ.'s Fugitive Ruling
The Second Circuit’s 2021 decision in U.S. v. Bescond, holding that a French resident indicted abroad did not meet the legal definition of a fugitive, deepened a circuit split on the fugitive disentitlement doctrine, and courts continue to grapple with the doctrine’s reach and applicability, say attorneys at Lankler Siffert.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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How DOJ May Change FARA Exemption In Forthcoming Rule
Any day now, the U.S. Department of Justice is expected to issue proposed revisions to the Foreign Agents Registration Act regulations, and signs suggest that it will likely narrow one of FARA's broadest exemptions, which may compound public confusion about the law's requirements, says Murad Hussain at Arnold & Porter.